Refusing a Blood Test SA

Legally reviewed by Michelle Makela, Principal Solicitor · Admitted 2006

By James Stevens, Director and Solicitor, Go To Court Lawyers. Last reviewed 10 April 2026.

Need a Drink Driving lawyer in SA?

Speak to a qualified local lawyer today. Free 24/7 hotline or book a consultation.

South Australia has implemented legislation in the Road Traffic Act 1961 and Road Traffic (Miscellaneous) Regulations 2014 that regulates drink driving on South Australian roads. These laws not only give police the power to conduct breath and saliva tests, but also empower them to request a blood sample to determine whether the alleged offender has been driving under the influence of drugs or alcohol. This legislation also provides that it is illegal for any person to refuse to provide a blood sample after being directed to do so by a police officer. It is important that you know your rights in relation to refusing a blood test in South Australia as certain defences may apply to your situation. The South Australian police are able to request that a blood sample be taken in the following circumstances:

If the person has already completed a breath/saliva test and the test indicated the presence of an illicit substance.
If the person is unable to provide a sufficient level of breath/saliva to achieve an accurate reading.
If the police officer is of the belief that the person is influenced by a substance and has been involved in a road incident.

When submitting to a blood test, a medical practitioner must complete the test in the presence of a police officer and provide two separate samples of blood. One of the samples must be tested by the hospital and one of the samples is given to the alleged offender in the event they wish to conduct their own analysis. It is also important to note that any blood test must be completed within 8 hours of the alleged incident taking place.There are very limited circumstances in which you will be able to refuse to provide a blood sample after a request has been made. Therefore, if you refuse to provide a blood sample or refuse to comply with any directions given by a police officer, you will be breaching section 47EAA of the Road Traffic Act and may be liable for a fine and/or disqualification of your licence. Further, if you are involved in a motor vehicle accident and are over 10 years of age, it is a requirement of the medical practitioner treating you to request a blood sample for the purposes of testing for a presence of any drugs and/or alcohol. If you subsequently refuse the request and are the driver of the vehicle involved in the accident, you will be breaching section 47I of the Road Traffic Act and may be liable for a fine and/or disqualification of your licence.

Breach of general request to provide a blood sample

For a first time offender, a fine of $900-$1,300 will be handed down and a licence disqualification period of at least 6 months. For a second time offence, a fine of $1,500-$2,200 will be given to the offender and will also include a licence disqualification period of at least 2 years.

Breach of request to provide a blood sample after a motor vehicle accident

A first time offender will be liable to pay a fine of $1,100-$1,600 and a period of disqualification totalling at least 12 months. Any subsequent refusal to provide a blood sample in circumstances where a motor vehicle accident occurred, the offender will be liable to pay a fine of $1,900-$2,900 and a period of disqualification totalling at least 3 years. It is important to note that the disqualification period for both of these types of penalties cannot be reduced or changed in any way unless the court is satisfied that the offence committed was only minor. In the event the court allows a reduced period of disqualification, the legislation still requires the offender be disqualified from driving for at least one month.Even in circumstances where you can establish a clear medical reason for refusing to provide a blood sample, the instructing police officer must still take all steps possible to ensure a sample is taken by saliva/breath, or a blood test conducted by the offender’s doctor. Therefore, the South Australian legislation only provides very limited defences to any charge of refusing to provide a blood sample. For example, you may have a defence available to you if the sample was not taken within 8 hours of the alleged incident or in circumstances where the medical practitioner did not correctly follow the testing procedure. However, these provisions are sometimes complex and difficult to understand and it may be wise to see a lawyer who can assist you to understand the nature of the charges against you and advise on the best course of action going forward.

Free legal hotline — live now

Need a Drink Driving lawyer in SA?

Speak to a qualified local lawyer now — free 24/7 hotline, no obligation.

Call Free — 1300 636 846 Book Online

Frequently Asked Questions

What happens if I cannot provide sufficient breath or saliva for testing in South Australia?

Police can legally request a blood test if you cannot provide sufficient breath or saliva samples for accurate testing. This is one of the specific circumstances under South Australian law where officers are empowered to require blood testing. Refusing this request would constitute an offence under section 47EAA of the Road Traffic Act 1961, carrying significant penalties regardless of your inability to complete the initial breath or saliva test.

How long do police have to conduct a blood test for drink driving in South Australia?

Police must complete any blood test within 8 hours of the alleged drink driving incident in South Australia. This strict time limit is established under the Road Traffic Act 1961 and applies to all blood testing situations. The test must be conducted by a medical practitioner in the presence of a police officer, with two separate samples taken - one for official testing and one provided to you for independent analysis if desired.

How much does it cost to get legal advice for refusing a blood test in SA?

Go To Court Lawyers offers a fixed consultation fee of $295 to discuss your blood test refusal case in South Australia. During this consultation, our experienced drink driving lawyers will assess your specific circumstances, explain the potential penalties you face, and identify any available defences. This upfront pricing ensures you know exactly what legal advice will cost before proceeding with your case and exploring your options.

How can a lawyer help me if I refused a blood test in South Australia?

A lawyer can examine whether police followed proper procedures when requesting your blood test and identify potential defences to the refusal charge. They can review the circumstances leading to the request, ensure the 8-hour time limit was observed, and challenge any procedural errors. Your lawyer will also negotiate with prosecutors, represent you in court, and work to minimize penalties while protecting your driving licence and criminal record in South Australia.

Is there a time limit for taking action after being charged with refusing a blood test in SA?

Yes, there are strict time limits for responding to blood test refusal charges in South Australia, and immediate legal action is crucial. Court dates are typically set within weeks of being charged, and failing to appear or respond appropriately can result in additional penalties. You should seek legal advice immediately after being charged to ensure all deadlines are met and your defence is properly prepared before your court appearance.

Drink Driving lawyers by state

ACT NSW NT QLD SA TAS VIC WA

Find a Drink Driving Lawyer in SA

Adelaide Ceduna Christies Beach Coober Pedy Elizabeth Gawler Holden Hill Berri

All drink driving lawyers in SA ›

Refusing a Blood Test in South Australia